Crime Control and Due Process in the United States

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Values Underlying

Crime Control & Due Process Models Values Underlying

Crime Control & Due Process Models Herbert Packer’s Herbert Packer’s

Two Models of the Two Models of the United States United States

Criminal Justice ProcessCriminal Justice Process

•Crime Control ModelCrime Control Model•Due Process ModelDue Process Model

Dr. Robelyn A. GarciaDr. Robelyn A. Garcia

(Cole & Gertz, (Cole & Gertz, 20132013))

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The Crime Control Model The Crime Control Model

Criminal Justice GoalCriminal Justice Goal

• Ultimate goal of repression of Ultimate goal of repression of criminal behavior by criminal behavior by apprehension, conviction, and apprehension, conviction, and punishment of offenders.punishment of offenders.

Robelyn A. GarciaRobelyn A. Garcia(Packer, (Packer, 19681968))

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The Inherent Value System Underlying the Crime Control Model

The Inherent Value System Underlying the Crime Control Model

Conservative Political ValuesConservative Political Values

• Expedited criminal justice Expedited criminal justice processing of offenders for processing of offenders for achievement of justice.achievement of justice.

• Factual guilt: assumption that Factual guilt: assumption that someone arrested and charged is someone arrested and charged is most likely guilty.most likely guilty.

Robelyn A. GarciaRobelyn A. Garcia(Bohm & Haley, (Bohm & Haley, 20082008))

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The Due Process ModelThe Due Process Model

Criminal Justice GoalCriminal Justice Goal

• Ultimate goal of convicting the Ultimate goal of convicting the guilty while protecting the guilty while protecting the innocent by limiting innocent by limiting governmental power and governmental power and respecting individual rights.respecting individual rights.


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The Inherent Value Systems Underlying the Due Process Model

The Inherent Value Systems Underlying the Due Process Model

Liberal Political ValuesLiberal Political Values

• Insistence on the formal structure Insistence on the formal structure of the law to preserve the dignity of the law to preserve the dignity and autonomy of the accused and and autonomy of the accused and the justice system. the justice system.

• Legal guilt: assumption that a Legal guilt: assumption that a person is innocent until proven guilty person is innocent until proven guilty beyond a reasonable doubt. beyond a reasonable doubt.

Robelyn A. GarciaRobelyn A. Garcia(Bohm & Haley, (Bohm & Haley, 20082008))

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Crime Control vs Due Process Crime Control vs Due Process •Crime Control Model is Crime Control Model is characterized as Assembly-Line characterized as Assembly-Line justice for processing an endless justice for processing an endless stream of cases very quickly.stream of cases very quickly.

•Due Process Model is characterized Due Process Model is characterized as Obstacle-Course justice for as Obstacle-Course justice for presenting various obstacles to presenting various obstacles to prevent wrongful convictions of the prevent wrongful convictions of the innocent.innocent.

Robelyn A. GarciaRobelyn A. Garcia (Ferdico, Fradella, & Totten, 2013)(Ferdico, Fradella, & Totten, 2013)

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Crime Control vs Due Process Crime Control vs Due Process Polar Values

•Crime Control Model reflectsauthoritarian values through certainty.

•Due Process Model reflects antiauthoritarian values through skepticism.


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Integrated Spectrum of

Crime Control and Due Process Integrated Spectrum of

Crime Control and Due Process l

• Neither model completely Neither model completely controls the criminal justice controls the criminal justice process. process. Therefore, polarity is integrated, not absolute.

• The dominant model at a The dominant model at a particular time depends on the particular time depends on the political climate.political climate.


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Integrated Spectrum of

Crime Control and Due Process Integrated Spectrum of

Crime Control and Due Process

““Neither is presented as either Neither is presented as either corresponding to reality or corresponding to reality or

representing the ideal to the representing the ideal to the exclusion of the other. The two exclusion of the other. The two

models merely afford… a series of models merely afford… a series of resolutions of the tensions resolutions of the tensions

between competing claims”between competing claims”

(Parker, 1968, p. 6).(Parker, 1968, p. 6).

Robelyn A. GarciaRobelyn A. Garcia

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Summary - Policy Implications of theCrime Control and Due Process ModelsSummary - Policy Implications of the

Crime Control and Due Process Models

• A Crime Control Model emphasis A Crime Control Model emphasis will increase plea bargaining while will increase plea bargaining while offering no appeal opportunities.offering no appeal opportunities.

• A Due Process Model emphasis will A Due Process Model emphasis will increase jury trials while preventing increase jury trials while preventing tyranny and providing the accused tyranny and providing the accused full opportunity to show innocence.full opportunity to show innocence.

(Packer, (Packer, 19681968))

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TV News, Fear of Crime and Reality of CrimeTV News, Fear of Crime and Reality of Crime

Criminologists Chiricos, Padgett, and Gertz (2000) found that TV news correlates to Criminologists Chiricos, Padgett, and Gertz (2000) found that TV news correlates to

the “fear of crime independent of the effects of the reality of crime” (p. 755). Despite the “fear of crime independent of the effects of the reality of crime” (p. 755). Despite

this finding, it was also revealed that local TV news had a much stronger effect on the this finding, it was also revealed that local TV news had a much stronger effect on the

fear of crime, especially for viewers that live in high crime communities or have been a fear of crime, especially for viewers that live in high crime communities or have been a

recent victim of crime (Chiricos et al., 2000). The past experiences, residential locations, recent victim of crime (Chiricos et al., 2000). The past experiences, residential locations,

and social circumstances of TV viewers' everyday lives influence the relationship of TV and social circumstances of TV viewers' everyday lives influence the relationship of TV

news and fear of crime through the realism of becoming a crime victim. Based on the news and fear of crime through the realism of becoming a crime victim. Based on the

results of this study, the TV news and fear of crime relationship is most positively results of this study, the TV news and fear of crime relationship is most positively

correlated “when it resonates the experience or crime reality of respondents” (Chiricos correlated “when it resonates the experience or crime reality of respondents” (Chiricos

et al., 2000).et al., 2000).

The media is highly skilled at reporting news stories that are very influential and The media is highly skilled at reporting news stories that are very influential and

persuasive about crime and crime rates. It seems the most misrepresented segment of persuasive about crime and crime rates. It seems the most misrepresented segment of

media today is TV news (Easley, 2013). TV news story headlines are often filled with the media today is TV news (Easley, 2013). TV news story headlines are often filled with the

latest crime reports and statistics. Deceptive editing, biased reporting, and misleading latest crime reports and statistics. Deceptive editing, biased reporting, and misleading

graphic statistics are some of the controversial issues you see on TV news. Journalists graphic statistics are some of the controversial issues you see on TV news. Journalists

from Fox TV News are frontrunners in presenting misleading crime reports to the public. from Fox TV News are frontrunners in presenting misleading crime reports to the public.

The Fox News statisticians are highly trained at using graphics in the media to influence The Fox News statisticians are highly trained at using graphics in the media to influence

and induce fear in viewers (Leek, 2012). TV viewers should be aware of TV news tactics and induce fear in viewers (Leek, 2012). TV viewers should be aware of TV news tactics

so they can be well informed and not a victim of sensational and exaggerated reporting.so they can be well informed and not a victim of sensational and exaggerated reporting.


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References References Bohm, R. M. & Haley, K. N. (2008). Bohm, R. M. & Haley, K. N. (2008). Introduction to Criminal JusticeIntroduction to Criminal Justice. 5th edition. . 5th edition. Boston, Boston,

MA: McGraw-Hill Higher Education.MA: McGraw-Hill Higher Education.

Chiricos, T., Padgett, K., & Gertz, M. ( 2000). Fear, TV news and the reality Chiricos, T., Padgett, K., & Gertz, M. ( 2000). Fear, TV news and the reality of crime. of crime.

Criminology,Criminology, 38, 755-785. 38, 755-785.

Cole, G. F. & Gertz, M. C. (2013). Cole, G. F. & Gertz, M. C. (2013). The Criminal Justice System: Politics and The Criminal Justice System: Politics and PoliciesPolicies. .

10th edition. Belmont, CA: Wadsworth.10th edition. Belmont, CA: Wadsworth.

Easley, Jason. (2013, Jan 28). Easley, Jason. (2013, Jan 28). Fox News Uses Edited Obama Clip to Attack the Fox News Uses Edited Obama Clip to Attack the

President for Media BiasPresident for Media Bias. PoliticusUSA Website. Retrieved Aug, 23 2013 . PoliticusUSA Website. Retrieved Aug, 23 2013

from http://www.politicususa.com/fox-news-proves-obamas.htmlfrom http://www.politicususa.com/fox-news-proves-obamas.html

Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2013). Ferdico, J. N., Fradella, H. F., & Totten, C. D. (2013). Criminal Procedure for Criminal Procedure for the the

Criminal Justice Professional. Criminal Justice Professional. 11 11thth Edition. Belmont, CA: Edition. Belmont, CA: Wadsworth Wadsworth

Cengage Learning.Cengage Learning.

Leek, Jeff. (2012). Leek, Jeff. (2012). The statisticians at Fox News use classic and novel graphical The statisticians at Fox News use classic and novel graphical

techniques to lead with data.techniques to lead with data. November 26, 2012. Retrieved Aug, 23 2013 November 26, 2012. Retrieved Aug, 23 2013

from http://simplystatistics.orgfrom http://simplystatistics.org

Parker, H. (1968). Two Models of the Criminal Process. In Cole, G. F. & Gertz, Parker, H. (1968). Two Models of the Criminal Process. In Cole, G. F. & Gertz, M. C. (pp. M. C. (pp.

6-21). 6-21). The Criminal Justice System: Politics and PoliciesThe Criminal Justice System: Politics and Policies. . 10th edition. Belmont, CA: 10th edition. Belmont, CA:

Wadsworth.Wadsworth.


Crime Control and Due Process in the United States

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